Shopping for a judge
Looks like folks charged with DUIs don’t get to unilaterally decide to see Judge Donald Louden in Municipal Court.
Some defendants had been waiving their right to a jury trial, held before Judge Marie Anderson. That’d put them in Louden’s court. Some folks on the prosecuting end think he’s too lax, though some defense lawyers appreciate him for his understanding.
A jury Wednesday certainly wasn’t lenient. It convicted one defendant on several charges, including a DUI, and the prosecutor argued for tough penalties.
“We need to send a signal to people during sentencing,” said lawyer Andrew Scott. He said the signal was for the benefit of the defendant as well as the community.
Scott had argued his case in court at the same time a DUI task force panel talked during a Missoula City Council committee meeting a block away. Crime reporter (and Missoula’s Choice winner!) Tristan Scott was on that story.
Here’s the reason folks can’t automatically jump out of the jury trials. The city attorney’s office said prosecutors get to have a say in the matter — and it’s a jury trial for DUIs until plaintiffs agree to a waiver. That’s in this document.
– Keila Szpaller
January 28th, 2010 at 6:00 am
[...] reporter Keila Szpaller has a post up at her blog Missoula Red Tape, noting an end to DUI defendants being able to (basically) pick a [...]
February 15th, 2010 at 10:30 am
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March 14th, 2010 at 7:53 am
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